A.
Dear Client,
In case, a provision for resolving the dispute through arbitration under the Arbitration and Conciliation Act, 1996 exists in the letter of appointment, before taking any disciplinary or legal action against the breach of contract send a Notice under Section 21 of the Arbitration and Conciliation Act, 1996 to the employee who breaches the terms of employment to resolve the matter at the pre-litigation stage which is mandatory before referring the disputes for Arbitration. It appears from the contents of the query that for breach of terms of employment, the employer company send you a notice for arbitration to resolve the issue at the pre-litigation stage following the terms of appointment/offer letter. So, on receipt of notice of arbitration from the Company, you should attend the arbitration proceedings and try your best to settle the matter amicably with the Company through mediation/conciliation at the pre-litigation stage to avoid all sorts of future litigations and harassment. If your appointment or offer letter provide or permits appearance of a Lawyer in course of arbitration proceeding, you may hire an Advocate to represent you suitably to navigate the matter effectively, or else you can approach your company to allow a Lawyer to represent you in the arbitration proceedings considering the principle of natural justice. If required, consult with an Advocate specialising in service/employment matter to understand your rights and remedies to navigate the issue correctly and legally.
Posted On 10-Sep-2025
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